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AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 111 N. Market Street, Suite 300, San Jose, CA 95113

  • 177 Park Avenue, 3rd Floor, San Jose, CA 95113

  • 2084 Alameda Way, San Jose, CA 95126-1002

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  • 1625 The Alameda, Ste. 800, San Jose, CA 95126

  • 111 North Market Street, Suite 300, San Jose, CA 95113

  • 111 North Market Street, San Jose, CA 95113

  • 160 W. Santa Clara St., Ste. 1100, San Jose, CA 95113

  • 1901 S. Bascom Avenue, Suite 1440, San Jose, CA 95113

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About our Bankruptcy Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is it legal for my ex-wife to include my home and vehicle for a Chapter 7?

Answered by attorney Seth David Schraier
Bankruptcy lawyer at Law Office of Seth D. Schraier, P.C.
Your ex-wife is required to list all assets required over the last few years, all assets that are in her name, and all debts that she has accrued. If she has any financial stake in your house or car, such as having co-ownership or having her name on the title for either, then she is required to list them as assets. If she currently has her name on a home loan, and she filed for bankruptcy, then you cannot remove her name from the loan for the time being, but can request at the Bankruptcy hearing that you take on all the debt that is in both of your names. If she listed your car and house as assets, and she has no financial stake or ownership in them, then there's no way that the Bankruptcy Trustee could go after this property in order to pay off any of her debts, as she does not have legal title to it.
Your ex-wife is required to list all assets required over the last few years, all assets that are in her name, and all debts that she has accrued. If she has any financial stake in your house or car, such as having co-ownership or having her name on the title for either, then she is required to list them as assets. If she currently has her name on a home loan, and she filed for bankruptcy, then you cannot remove her name from the loan for the time being, but can request at the Bankruptcy hearing that you take on all the debt that is in both of your names. If she listed your car and house as assets, and she has no financial stake or ownership in them, then there's no way that the Bankruptcy Trustee could go after this property in order to pay off any of her debts, as she does not have legal title to it.
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Will filing for bankruptcy affect the car loan that I am a co signer of?

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Answered by attorney John F Brennan (Unclaimed Profile)
Bankruptcy lawyer at Musilli Brennan Associates, PLLC
Generally he will be allowed to keep the car if he makes the payments on it if you are a co-debtor on the note.
Generally he will be allowed to keep the car if he makes the payments on it if you are a co-debtor on the note.

Will the BK nullify the contract and allow me to go after my old clients?

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Answered by attorney Steven Jed Alpers (Unclaimed Profile)
Bankruptcy lawyer at Steven J. Alpers, A Professional Corporation
The trustee or will take a careful look at the payments you have made within the last year, they could ask you for bank statements. They can deny a ch 7 for problems like trying to shortchange one creditor over another. The 7 can be difficult in this situation.
The trustee or will take a careful look at the payments you have made within the last year, they could ask you for bank statements. They can deny a ch 7 for problems like trying to shortchange one creditor over another. The 7 can be difficult in this situation.
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